§ 750.350aTaking or retaining child by adoptive or natural parent; intent; violation as

felony; penalty; restitution for financial expense; effect of pleading or being found guilty;
 probation; discharge and dismissal; court proceedings open to public; retention of
 nonpublic record by department of state police; defense.
 Sec. 350a.
    (1) An adoptive or natural parent of a child shall not take that child, or retain that child for
 more than 24 hours, with the intent to detain or conceal the child from any other parent or
 legal guardian of the child who has custody or parenting time rights under a lawful court order
 at the time of the taking or retention, or from the person or persons who have adopted the
 child, or from any other person having lawful charge of the child at the time of the taking or
 retention.
    (2) A parent who violates subsection (1) is guilty of a felony, punishable by imprisonment
 for not more than 1 year and 1 day, or a fine of not more than $2,000.00, or both.
    (3) A parent who violates this section, upon conviction, in addition to any other punishment,
 may be ordered to make restitution to the other parent, legal guardian, the person or persons
 who have adopted the child, or any other person having lawful charge of the child for any
 financial expense incurred as a result of attempting to locate and having the child returned.
    (4) When a parent who has not been convicted previously of a violation of section 349, 350,
 or this section, or under any statute of the United States or of any state related to kidnapping,
 pleads guilty to, or is found guilty of, a violation of this section, the court, without entering a
 judgment of guilt and with the consent of the accused parent, may defer further proceedings
 and place the accused parent on probation with lawful terms and conditions. The terms and
 conditions of probation may include participation in a drug treatment court under chapter 10A
 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1084. Upon a
 violation of a term or condition of probation, the court may enter an adjudication of guilt and
 proceed as otherwise provided. Upon fulfillment of the terms and conditions of probation, the
 court shall discharge from probation and dismiss the proceedings against the parent. Discharge
 and dismissal under this subsection shall be without adjudication of guilt and is not a
 conviction for purposes of disqualifications or disabilities imposed by law upon conviction of
 a crime, including any additional penalties imposed for second or subsequent convictions.
 There may be only 1 discharge and dismissal under this section as to an individual.
    (5) All court proceedings under this section shall be open to the public. Except as provided
 in subsection (6), if the record of proceedings as to the defendant is deferred under this
 section, the record of proceedings during the period of deferral shall be closed to public
 inspection.
    (6) Unless the court enters a judgment of guilt under this section, the department of state
 police shall retain a nonpublic record of the arrest, court proceedings, and disposition of the



                                                                   Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026            Page 283 of 465                               Courtesy of legislature.mi.gov

 criminal charge under this section. However, the nonpublic record shall be open to the
 following individuals and entities for the purposes noted:
    (a) The courts of this state, law enforcement personnel, the department of corrections, and
 prosecuting attorneys for use only in the performance of their duties or to determine whether
 an employee of the court, law enforcement agency, department of corrections, or prosecutor's
 office has violated his or her conditions of employment or whether an applicant meets criteria
 for employment with the court, law enforcement agency, department of corrections, or
 prosecutor's office.
    (b) The courts of this state, law enforcement personnel, and prosecuting attorneys for the
 purpose of showing either of the following:
    (i) That a defendant has already once availed himself or herself of this section.
    (ii) Determining whether the defendant in a criminal action is eligible for discharge and
 dismissal of proceedings by a drug treatment court under section 1076(5) of the revised
 judicature act of 1961, 1961 PA 236, MCL 600.1076.
    (c) The department of human services for enforcing child protection laws and vulnerable
 adult protection laws or ascertaining the preemployment criminal history of any individual
 who will be engaged in the enforcement of child protection laws or vulnerable adult protection
 laws.
    (7) It is a complete defense under this section if a parent proves that his or her actions were
 taken for the purpose of protecting the child from an immediate and actual threat of physical
 or mental harm, abuse, or neglect.